MANILAL PREMJI GALA Vs. BOMAN P IRANI

JUDGEMENT

(1.) THIS appeal is directed against an order of the learned Single Judge dismissing the Notice of Motion taken out by the first and the second respondents for stay of Suit No. 3699 of 1995 under section 10 of the Civil Procedure Code, pending hearing and final disposal of Suit No. 1750 of 1994 filed in the Small Causes Court, Mumbai. The learned Single Judge by his order dated 4th August, 2000 dismissed Notice of Motion No. 1819 of 2000 with costs. Hence, this appeal.

(2.) THE appellant (original defendant No. 1) had filed a Declaratory Suit No. 1750 of 1994 in the Court of Small Causes, Mumbai. The case pleaded therein is that the first and third respondents are landlords of the premises being Shop No. 7 situated on the ground floor of the building known as Zaveri Gallery, situated at 63, Bhulabhai Desai Road, Bombay 400 026 and that the appellant is a tenant of the premises. That suit seeks declaration of the status and rights of tenancy of the appellant in respect of the said suit premises.

(3.) THE present suit is filed by the first and the second respondents (original plaintiffs) against the appellant and the third respondent (original defendants) for a declaration that the suit partnership styled as Roopsons stood dissolved with effect from 31st March, 1994 or within a period of one month from the date of receipt of dissolution notice dated 26th May, 1994 or from the date of the suit and in the alternative for dissolution of the said partnership firm by an order of the Court and for consequential reliefs.